New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Facebook Messages Authenticated by Recipients Who Set Up Fake Facebook Accounts to Draw Admissions from Sender — Sender’s ID Confirmed by Use of Rap Name, Fact That His Relatives and Friends Were Facebook Friends, and from Contents of Messages

Cotton v. State, 2015 Ga. 362, (Ga. Sup. Ct. June 1, 2015): Dustin James Cotton was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appeals, contending that the verdict is against the weight of the evidence. Cotton also asserts that the trial court ...
Cotton v. State, 2015 Ga. 362, (Ga. Sup. Ct. June 1, 2015): Dustin James Cotton was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appeals,…
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Pro Se Plaintiff Cannot Bring Qui Tam Action Because U.S. Is Real Party in Interest and Pro Se Can’t Represent Another — Does FCA Allow Private Citizen to File RICO Claim on Behalf of Government?

Gunn v. Credit Suisse Grp. AG, 2015 U.S. App. LEXIS 6541 (3d Cir. April 1, 2015): In January 2013, Gunn filed a pro se qui tam action under the False Claims Act ("FCA"), 31 U.S.C. § 3730 et seq., on behalf of the United States.1 *** 1. The FCA makes it unlawful to knowingly submit ...
Gunn v. Credit Suisse Grp. AG, 2015 U.S. App. LEXIS 6541 (3d Cir. April 1, 2015): In January 2013, Gunn filed a pro se qui tam action under the False Claims Act ("FCA"), 31 U.S.C. § 3730 et seq., on…
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Text Authentication — Party Possessed Phone, Witness Texted Phone Number, Witness’s Cell Ties Number to Party’s Name, Party Acted Per Earlier Texts, Witness Called Number 6 Hours after Texts & Party Answered — Affirmed on Other Grounds

People v. Sissac, 2015 Cal. App. Unpub. LEXIS 1504 (Cal. Ct. App. Mar. 3, 2015): The San Diego County District Attorney charged Demetrius Sissac with first degree, special circumstance murder (Pen. Code, 187, subd. (a)) in connection with the October 30, 2011 shooting of taxicab driver Jalaludin Hamrah, alleging that ...
People v. Sissac, 2015 Cal. App. Unpub. LEXIS 1504 (Cal. Ct. App. Mar. 3, 2015): The San Diego County District Attorney charged Demetrius Sissac with first degree, special circumstance murder (Pen. Code, 187, subd. (a)) in connection with the October …
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Sanctions — Rule 37(b)(2) and Inherent Power — Default Judgment Requires Willfulness, Bad Faith or Fault, Not Inability to Comply

Klein v. Harper, 2015 U.S. App. LEXIS 1839 (10th Cir. Feb. 4, 2015): Under Rule 37(b)(2), "a district court may issue sanctions, including default judgment against the disobedient party when a party disobeys a discovery order." Klein-Becker USA, LLC v. Englert, 711 F.3d 1153, 1159 (10th Cir. 2013) ( ...
Klein v. Harper, 2015 U.S. App. LEXIS 1839 (10th Cir. Feb. 4, 2015): Under Rule 37(b)(2), "a district court may issue sanctions, including default judgment against the disobedient party when a party disobeys a discovery order." Klein-Becker USA, LLC…
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Spoliation — Adverse Inference Instruction Appropriate for Deactivation of Facebook Account Shortly after Initiating Lawsuit and Producing Only Substantially Illegible Printouts of Contents

Abeyta v City of N.Y., 2014 U.S. App. LEXIS 23480 (2d Cir. Dec. 15, 2014): Plaintiff Andrew Abeyta appeals from the District Court's November 22, 2013 judgment, after a jury trial, in favor of defendants on his claims for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. § 1983 and various state ...
Abeyta v City of N.Y., 2014 U.S. App. LEXIS 23480 (2d Cir. Dec. 15, 2014): Plaintiff Andrew Abeyta appeals from the District Court's November 22, 2013 judgment, after a jury trial, in favor of defendants on his claims for false…
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YouTube Video of Defendant Rapping about Crimes Unfairly Prejudicial When Offered to Prove Intent or Motive to Participate in Different Sort of Crime Committed Many Months Later

People v. Foster, 2015 Mich. App. LEXIS 1012 (Mich. Ct. App. May 19, 2015): Defendant, Tamaine Lamanual Foster, appeals as of right his jury trial convictions of first-degree felony murder, MCL 750.316(1)(b); armed robbery, MCL 750.529; being a felon in possession of a firearm, MCL 750.224f; possession of a firearm during the commissi ...
People v. Foster, 2015 Mich. App. LEXIS 1012 (Mich. Ct. App. May 19, 2015): Defendant, Tamaine Lamanual Foster, appeals as of right his jury trial convictions of first-degree felony murder, MCL 750.316(1)(b); armed robbery, MCL 750.529; being a felon in…
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LinkedIn Authentication: Merely Downloading Ostensible Social Media Profile and Offering It, without More, Fails to Authenticate It, Which Also Renders Its Contents Hearsay

Lindschei v. Natus Med. Inc., 2015 U.S. Dist. LEXIS 40255 (N.D. Ga. Mar. 30, 2015): Plaintiffs [*14]  also object to the Court's consideration of exhibits attached to the declarations: a document purporting to be Plaintiff Blades's resume from Indeed.com (attached as Exhibit C to Rossi's declaration amd E ...
Lindschei v. Natus Med. Inc., 2015 U.S. Dist. LEXIS 40255 (N.D. Ga. Mar. 30, 2015): Plaintiffs [*14]  also object to the Court's consideration of exhibits attached to the declarations: a document purporting to be Plaintiff Blades's resume from Indeed.com (attached…
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Is the Cost of Bates Stamping Taxable under 28 U.S.C. § 1920? Circuit Split — Video Dep Fees Taxable If Incurred Close to Trial, for Unavailable Witnesses — Cost of Burning Docs onto Disk Taxable under 2008 Amendment

Azdel v C&D Zodiac, Inc., 2015 U.S. Dist. LEXIS 39329 (W.D. Va. Feb. 18, 2015): a. Videographer Fees C&D first seeks costs for obtaining video recordings of the depositions of witnesses who could not be subpoenaed and would not voluntarily come to trial. C&D requested videotaped depositions for three necessary ...
Azdel v C&D Zodiac, Inc., 2015 U.S. Dist. LEXIS 39329 (W.D. Va. Feb. 18, 2015): a. Videographer Fees C&D first seeks costs for obtaining video recordings of the depositions of witnesses who could not be subpoenaed and would not voluntarily…
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“Witnesses Cannot Refuse to Answer Questions Merely Because They Choose Not to — There Is No Opt-Out Box on a Subpoena” — Judicial Options, from Pillow to Sledgehammer — Judge Must Actually Exercise Discretion — Good Quotes

Barnett v. Norman, 2015 U.S. App. LEXIS 5145 (9th Cir. Mar. 31, 2015): Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance of counsel, Barnett contends that the trial court abused its discretion by permitting three prisoner-witness ...
Barnett v. Norman, 2015 U.S. App. LEXIS 5145 (9th Cir. Mar. 31, 2015): Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance…
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Rule 804(b)(6) — Hearsay Exception — Forfeiture by Wrongdoing — Applies to Conspirator A Who Didn’t Directly Procure Witness’s Unavailability Where Conspirator B Did So in Course & Scope of Conspiracy and Misconduct Was Reasonably Foreseeable

United States v. Cazares, 2015 U.S. App. LEXIS 7949 (9th Cir. May 14, 2015): A jury found defendants Fernando Cazares, Gilbert Saldana, Alejandro Martinez, and Porfirio Avila guilty of violating 18 U.S.C. § 241 by conspiring [*5]  to intimidate African-American citizens in the Highland Park neighborhood of ...
United States v. Cazares, 2015 U.S. App. LEXIS 7949 (9th Cir. May 14, 2015): A jury found defendants Fernando Cazares, Gilbert Saldana, Alejandro Martinez, and Porfirio Avila guilty of violating 18 U.S.C. § 241 by conspiring [*5]  to intimidate African-American…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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